MTR Corpor ation Ltd. SCL – NEX/2206 EIA Study for Tai Wai to Hung Hom Section Final Environmental Impact Assessment Report 4 Cultural Heritage Impact 4.1 Introduction The EIA Study Brief for SCL requires a Cultural Heritage Impact Assessment (CHIA) comprising a Built Heritage Impact Assessment (BHIA) and an Archaeological Impact Assessment (AIA) to be conducted. The BHIA needs to search historic buildings, clan graves and landscape features within the study area while the AIA requires a terrestrial investigation of the archaeological potential of the study area, particularly the former Tai Hom Village Archaeological Site. The field investigation for former Tai Hom Village was carried out in March 2009. Tang/ Song Dynasty remains found are sparse and redeposited and hence of lesser archaeological significance. However, assemblage of Tang/ Song archaeological finds within urban setting is considered rare in Hong Kong. Other than the former Tai Hom Village Archaeological Site, the CHIA has also studied the impacts on the 3 historical buildings within former Tai Hom Village and, after studying their cultural significance and all possible options, recommended the most appropriate mitigation measures. The possible impacts caused by the construction and operation of the Project on other built heritages including but not limited to the Lung Tsun Stone Bridge have also been studied and the impacts have been minimised by adopting alternative construction methodologies. More details of the assessment findings and mitigation measures are given in this Chapter. 4.2 Environmental Legislation, Standards and Guidelines The assessment and protection of cultural heritage within HKSAR is governed by the following legislative standards and guidelines: • Environmental Impact Assessment Ordinance (EIAO); • Antiquities and Monuments Ordinance; and • Hong Kong Planning Standards and Guidelines (HKPSG). 4.2.1 Environmental Impact Assessment Ordinance The Environmental Impact Assessment Ordinance (Cap 499) stipulates that consideration shall be given to cultural heritage and archaeological issues as part of the EIA process. Annexes 10 and 19 of the TM-EIAO cite the following: • criteria for evaluating the impacts on sites of cultural heritage; • guidelines for impact assessment; • the general presumption in favour of the protection and conservation of all sites of cultural heritage because they provide an essential, finite and irreplaceable link between the past and the future and are points of reference identified for culture and tradition; and • adverse impacts on sites of cultural heritage shall be kept to the absolute minimum. The Guidance Note on Assessment of Impact on Site of Cultural Heritage in Environmental Impact Assessment Studies (http://www.epd.gov.hk/eia/english/guid/cultural/basis.html) serves as a reference to facilitate an understanding of the requirements set out in Annex 10 and Annex 19 of the TM-EIAO for assessing impacts on sites of cultural heritage in EIA studies. The Cultural Heritage Impact Assessment (CHIA) Mechanism applies to “Sites of Cultural Heritage” within a project Study Area. A Site of Cultural Heritage is defined “as an antiquity or monument, whether being a place, building, site or structure or a relic, as defined in the Antiquities and Monuments Ordinance (Cap. 53) and any place, building, site, or structure or G:\...\25445\EIA Report\Final EIA Submission (September Page 4 - 1 Ove Arup & Partners Hong Kong Ltd 2011)\EIA_SCL.doc October 2011 MTR Corpor ation Ltd. SCL – NEX/2206 EIA Study for Tai Wai to Hung Hom Section Final Environmental Impact Assessment Report a relic identified by the Antiquities and Monuments Office to be of archaeological, historical or palaeontological significance”. A CHIA must be undertaken in order to identify construction and operational phase impacts of the project may have on the cultural heritage of the Study Area. The specific objectives of the CHIA include the following: • To provide cultural heritage and archaeological impact assessment to satisfy the requirements of Section 3.4.8 of the EIA Study Brief (No. ESB-191/2008); To undertake a baseline study of the project study area in order to identify all heritage items as identified in the Guidelines for Cultural Heritage Impact Assessment ; To identify any Sites of Cultural Heritage (i.e. Proposed and Declared Monuments) within the project study area and assess any impacts that will arise from the proposed project and recommend mitigation measures as appropriate; and To identify the impacts to identified heritage items and recommend mitigation for these items. 4.2.2 Antiquities and Monuments Ordinance The Antiquities and Monuments Ordinance (Cap 53) was enacted in 1976. It prescribes the regulation over the discovery, excavation and protection of antiquities in HKSAR. Under this Ordinance, the Secretary for Development is the Antiquities Authority. The statutory Antiquities Advisory Board (AAB) consists of members with expertise in various relevant fields to advise the Antiquities Authority on any matters relating to antiquities and monuments. The Antiquities and Monuments Office (AMO), as the executive arm of the Antiquities Authority, provides secretarial and executive support to the AAB in conserving places of historical and archaeological interest. The Antiquities Authority may, after consulting AAB and with the approval of the Chief Executive as well as the publication of the notice in government gazette, legally declare a place to be protected. The Antiquities Authority is empowered to prevent alterations, or to impose conditions upon any proposed alterations as appropriate to protect the monument. In addition to declared monuments, a large number and variety of sites of cultural heritage are identified and recorded by AMO. Recorded historic buildings and structures are classified into Grades 1, 2 and 3 by AAB to indicate their relative importance, as defined below: • Grade 1 – Buildings of outstanding merit, which every effort should be made to preserve if possible. • Grade 2 – Buildings of special merit; efforts should be made to selectively preserve. • Grade 3 – Buildings of some merit; preservation in some form would be desirable and alternative means could be considered if preservation is not practicable. Although graded buildings and structures carry no statutory protection, the Government has administrative procedures that require conservation be given to those historic buildings and sites of cultural heritage. For archaeological sites, relics (defined under the Antiquities and Monuments Ordinance as fossils and objects/artefacts created, modified, etc. by human agency before 1800 AD) discovered after 1976 are, by law, properties of the government. All discoveries of antiquities or supposed antiquities must also be reported. The excavation and search for relics require a licence from the Antiquities Authority. Once identified as having the potential for conservation, sites of archaeological interest are entered into a list. Archaeological items are administratively classified into 2 categories: G:\...\25445\EIA Report\Final EIA Submission (September Page 4 - 2 Ove Arup & Partners Hong Kong Ltd 2011)\EIA_SCL.doc October 2011 MTR Corpor ation Ltd. SCL – NEX/2206 EIA Study for Tai Wai to Hung Hom Section Final Environmental Impact Assessment Report • Designated archaeological – Those which have been declared as monuments. sites These are gazetted under the Antiquities and Monuments Ordinance (Cap 53) and are to be protected and conserved at all costs. • Recorded sites of – These are under administrative protection and are archaeological interest considered to be of archaeological interest but which are not declared as monuments. 4.2.3 Hong Kong Planning Standards and Guidelines. Chapter 10 of the Hong Kong Planning Standards and Guidelines (HKPSG) provides guidelines relating to the conservation of historic buildings, archaeological sites and other antiquities. The guidelines detail the methods for the conservation and preservation of protected monuments, the method of identifying and recording antiquities, particularly buildings which should be conserved and the recording and grading of such buildings and archaeological sites. 4.3 Assessment Methodology 4.3.1 Background The definition/interpretation for Sites of Cultural Heritage under Schedule 1 of the EIAO consists of “any place, building, site or structure or a relic identified by the Antiquities and Monuments Office to be of archaeological, historical or paleontological significance”. The CHIA comprises the identification of terrestrial archaeological and built heritage impacts to Sites of Cultural Heritage and the assessment methodology for each of these tasks is highlighted below. It should also be noted that as stipulated in the Guidelines for Cultural Heritage Impact Assessment, all items that fall within the scope of the guidelines will be included in this report. Indirect impacts will arise from ground-borne vibration associated with major site formation works, such as tunnel construction. Appropriate vibration monitoring on the built heritages will be agreed with Buildings Department (BD)/ Geotechnical Engineering Office (GEO) and implemented under the requirement of the Buildings Ordinance and/or Blasting Permit as appropriate. 4.3.2 General As stipulated in Section 3.4.8 of the EIA Study Brief (No. ESB-191/2008), the CHIA will follow the criteria and guidelines as stated in Annexes 10 and 19 of the TM-EIAO. The key stages for CHIA include the following: